DHIRAJ KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of this petition, moved under Section 482 of The Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioners/applicants have sought quashing of the summoning order dated 24.9.2005 passed by Special Judicial Magistrate Ist, Dehradun as well as proceedings of criminal case no.500 of 2005, Smt. Kanta v. Radheyshyam and others, relating to offences punishable under Sections 147 and 379 of The Indian Penal Code, 1860 (for short, the IPC).

(2.) Heard learned counsel for the parties and perused the entire material available on file.

(3.) Brief facts of the case are that respondent no.2 Smt. Kanta filed a complaint before Special Judicial Magistrate Ist, Dehradun stating therein that the respondent no.2 and her husband Rajesh Kumar were having possession over the shop situated at Mohanpur, Smithnagar, P.O. Premnagar, Dehradun for last three years. It is further stated that the shop in question was purchased by the respondent no.2 and her husband Rajesh Kumar through the applicant Dhiraj Kumar. The respondent no.2 and her husband had paid the entire sale consideration but the applicant Dhiraj Kumar executed the sale deed in his name and gave assurance that he will execute a power of attorney of shop in question in favour of respondent no.2 and her husband. It is further alleged that on 10.2.2004 at about 11 PM, he entered into the house of respondent no.2 to take the keys of the shop and committed marpeet with her and her husband. It is further alleged that on 24.2.2004 at 11 AM the applicants came to the shop and by cutting the lock of shop from iron machine, they forcibly took the possession of shop in question and also looted the goods of shop. With these averments, respondent no.2 Smt. Kanta filed this complaint in the court on 5.5.2004 against the applicants. In support of her complaint, the complainant examined herself u/s 200 Cr.P.C. and u/s 202 Cr.P.C. Jitendra Kumar and Darshan Lal were got examined. After hearing learned counsel for the complainant and perusing the material available, learned Special Judicial Magistrate Ist, Dehradun, vide his order dated 24.9.2005 summoned the applicants under Sections 147 and 379 of IPC. Against the said order dated 24.9.2005, the applicants have preferred the present application u/s 482 Cr.P.C. before this Court.